NATIONAL INSURANCE COMPANY LTD Vs. RAMA DEVI

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned counsel for the respondents and perused the record.

(2.) The present appeal under Section 173 of the Motor Vehicles Act has been preferred against the impugned award dated 30.1.2010, passed by Motor Accident Claims Tribunal/Additional District Judge. Court No. 12, Lucknow in Motor Accident Claim Case No. 182 of 2008.

(3.) The controversy relates to an accident occurred on 21.3.2008 when deceased Ishwardeen was going to his sister's house on his motorcycle. When he reached Laxmi Narain Verma Balika Vidyalaya on Gosainganj-Mohanlal Ganj Road, a Truck bearing No. UP-30 A-7463, coming from reverse direction, hits the motorcycle and suffered serious injuries, in consequence thereof, he succumbed to injuries at Primary Health Centre, Gosainganj. The claimants have preferred a claim petition before the Tribunal, where on the issues with regard to factum of accident, insurance policy and driving licence etc., the Tribunal reached to the conclusion that the accident was caused because of rash and negligence driving of Truck bearing No. UP-30 A-7463 and awarded compensation of Rs. 3,80,700 by applying roaster under Second Schedule of the Motor Vehicles Act.